T&C

General Terms and Conditions

Version dated 26.07.2023

I. General provisions

These terms and conditions of sale apply exclusively to businesses, legal entities under public law or special funds under public law.
We conclude contracts only with our terms and conditions, unless we expressly agree in writing to the validity of the customer’s terms and conditions that deviate from our terms and conditions. Individual agreements shall in any case take precedence over these general T&Cs.
Our offers and quotations are without obligation.

II. Scope of our Delivery Obligation

Our order confirmation shall be authoritative. Other information, such as in technical documents, in particular with regard to drawings and illustrations, shall only apply approximately unless they are expressly designated as binding. They do not represent any assurances of properties, unless this is expressed in a specific manner.
We reserve the right to make minor changes to the delivery item with regard to construction and design in adaptation to further technical development, provided that the change or deviation is reasonable for the purchaser.

III. Payment Terms

If the customer is in default with the settlement of our payment claim, interest on arrears shall accrue at a rate of 9 percentage points above the respective base interest rate. We reserve the right to assert a higher damage caused by default.
Offsetting is only possible if the counterclaims are undisputed or have been legally established.
If the customer is in default with regard to our claim for more than two weeks or if there is a significant deterioration in his financial circumstances, all our claims against the customer shall become due. For further deliveries, we may demand payment in advance or the provision of security.

IV. Delivery Time

If a delivery period measured in days/months/years has been expressly agreed as binding, it shall commence as soon as written agreement has been reached on all details of the contract, in particular also with regard to the execution of the delivery item. Delivery dates shall be postponed by the period in which this agreement has not yet been reached. If the customer does not provide us in good time with the documents required for execution, in particular drawings or sample parts for construction or trial material for testing, or if he does not fulfil his contractual obligations (in particular payment obligations) on time, delivery periods or dates shall be postponed at least by the period of the delay. The same applies to changes to the delivery item for which the customer is responsible.
Unforeseen obstacles beyond our control (in particular strikes, operational disruptions, delays in deliveries) shall postpone the delivery deadlines or dates by the period of time in which they have an effect.
If we are in default, the customer must first set us a grace period of four weeks.

V. Transfer of Risk

When the goods are to be shipped to the purchaser, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon shipment to the customer, i.e. at the latest upon leaving the factory or warehouse. This applies regardless of who bears the freight costs or if Mink has undertaken the assembly. We are not obliged to take out transport insurance.
If the customer is responsible for the delay in dispatch, the risk of accidental loss or accidental deterioration shall pass to the customer upon notification of readiness for dispatch.

VI. Reservation of Ownership

We reserve title to the items delivered by us (reserved goods) until all our claims arising from the business relationship with the customer have been satisfied and the customer has no claims against us. A transfer of ownership of the goods subject to retention of title to third parties is only permitted if it takes place within the scope of the orderly business transactions of the ordering party and the ordering party retains ownership of the goods subject to retention of title until all its claims from the business relationship with the third party have been paid. The customer hereby assigns to us his claims in the amount of the purchase price agreed with us (including value added tax) from the resale of the reserved goods. Until revoked, the customer is entitled to collect the assigned claims. Our authority to collect the claim ourselves remains unaffected. However, we shall not collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
As long as ownership has not yet been transferred, the customer must inform us immediately if the delivered item is seized or exposed to other interventions by third parties.
If the goods subject to retention of title are combined with other items in such a way that they become an integral part of a new item, we shall become co-owners of the new item. If our ownership ceases, the customer shall transfer (co-)ownership of the new item to us. He shall keep the item in safe custody for us free of charge. Our co-ownership share shall be determined in both cases according to the ratio of the invoice value of the reserved goods to the sales value of the new item. Item 1 shall apply accordingly to the sale of the new item, whereby the part of the claim corresponding to our co-ownership share shall be assigned to us by the customer.
If the value of the goods subject to retention of title held by the customer plus the value of the claims assigned to us exceeds the total of our claims against the customer by more than 20 %, we shall release the excess securities at our discretion.

VII. Liability

Customer’s warranty rights presuppose that the customer has duly fulfilled its obligations to inspect the goods and to give notice of defects.
If our delivery or service is defective, the customer may, at our discretion, initially only demand rectification of the defect or delivery of an item free of defects. If this request is to be linked to a deadline, this deadline must be at least four weeks. In the event of failure of subsequent performance, the customer may reduce the purchase price or, at its option, withraw from contract.
We can refuse the repair or replacement delivery until the customer has paid us an advance amount in relation to the economic significance of the defect or the warranted characteristic in relation to the agreed remuneration in percentage terms.

VIII. Disclaimer

We shall be liable for damages resulting from injury to life, body or health due to a negligent breach of duty on our part or an intentional or negligent breach of duty by a legal representative or vicarious agent of ours.
We shall only be liable for other damages if they are based on a grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ours.

IX. Closing Provisions

This contract, its performance and the entire legal relationship between the parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of fulfilment and exclusive place of jurisdiction is our registered office
Should any provision of the contract be or become void, the remainder of the contract shall remain valid.

August Mink GmbH & Co. KG
Manufacture of industrial brushes
Wilhelm-Zwick-Straße 13
D-73035 Göppingen-Jebenhausen